Henry Schultz-Eggenspiller, 22, had been accused of murdering Justin Rogers, 24, that day after a drug deal between the two went south. But the murder charge against Schultz-Eggenspiller has been dismissed after an Oldham County Grand Jury did not indict him on it.

Instead, the grand jury indicted Schultz-Eggenspiller on charges of tampering with physical evidence and criminal conspiracy to commit trafficking in a controlled substance, second degree.

The other co-defendant in the case, Roberto Cabrera Jr., 46, saw a charge of complicity to commit murder dismissed. But Cabrera was still indicted on one charge of criminal conspiracy to commit trafficking in a controlled substance, second degree.

Attorneys for the two co-defendants had presented a case for self-defense for the two men in a preliminary hearing before being referred for indictment, based on their version of how events unfolded.

According to La Grange Police Detective Ray Whitehill, Schultz-Eggenspiller and Cabrera went to the home of Michael Rogers, brother of Justin, to buy loratabs. When Michael Rogers handed over a bag of pills to Schultz-Eggenspiller, the latter became upset when he realized the pills weren’t loratabs. Schultz-Eggenspiller asked for his money back and eventually went outside to talk to the Rogers brothers about the transaction, police said.

Once outside, Schultz-Eggenspiller said the two brothers attacked him and he called out for help to Cabrera. Once Cabrera ran outside, he was told to leave, which he did, according to testimony given by police.

During the attack, the Rogers took a break at some point and Schultz-Eggenspiller retreated to his car and retrieved a gun from his glove box, Whitehill said. When Schultz-Eggenspiller turned around, Justin Rogers was charging him, police said. After asking Justin Rogers to stop and being ignored, Schultz-Eggenspiller shot Justin Rogers, then fled the home, according to the testimony.

Steve Romines, an attorney for Schultz-Eggenspiller, said the account proved self-defense for his client, before it was referred for indictment.

Mike Goodwin, Cabrera’s attorney, argued before the referral that since his client ran before the shooting took place, he couldn’t be held for complicity.

Now, those charges won’t be moving forward. The remaining charges result from Schultz-Eggenspiller taking a shower and removing his clothes from the incident before calling police and from his intent to buy loratabs with Cabrera. According to the indictment, the pills in question were hydrocodone.

With the murder charges dismissed, the two co-defendants will be arraigned on the remaining charges on Aug. 7 at 1 p.m. in Oldham Circuit Court.